San Diego County Health & Human Services Agency v. L. L.

101 Cal. App. 4th 942, 2002 Cal. Daily Op. Serv. 8087, 2002 Daily Journal DAR 10113, 124 Cal. Rptr. 2d 688, 2002 Cal. App. LEXIS 4593
CourtCalifornia Court of Appeal
DecidedSeptember 4, 2002
DocketNo. D039515
StatusPublished
Cited by112 cases

This text of 101 Cal. App. 4th 942 (San Diego County Health & Human Services Agency v. L. L.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
San Diego County Health & Human Services Agency v. L. L., 101 Cal. App. 4th 942, 2002 Cal. Daily Op. Serv. 8087, 2002 Daily Journal DAR 10113, 124 Cal. Rptr. 2d 688, 2002 Cal. App. LEXIS 4593 (Cal. Ct. App. 2002).

Opinion

Opinion

MCDONALD, J.

L. L. appeals a judgment terminating her parental rights to her daughter, L. Y. L., under Welfare and Institutions Code section 366.26.1 L. contends she established two exceptions to terminating parental rights: the recently enacted section 366.26, subdivision (c)(1)(E) sibling relationship exception and the section 366.26, subdivision (c)(1)(A) beneficial relationship exception. She also contends she received ineffective assistance of counsel because her counsel did not object to the adoption assessment report on which the court based its finding that L. Y. was likely to be adopted. She asserts the report did not contain required information about the prospective adoptive parents. We affirm the judgment.

Factual and Procedural Background

In January 1999 the San Diego County Health and Human Services Agency (the Agency) removed four-year-old L. Y. and her younger brother J. R.2 from L.’s custody and filed section 300 petitions on their behalf, alleging L. physically harmed and excessively disciplined L. Y. In March 1999 the court made a true finding on the petitions and the next month ordered reunification services. In December 1999 the court granted L. Y. a 60-day trial visit with L.3 Because the visit went well, L. Y. was placed with L.

In October 2000 the Agency filed a section 387 supplemental petition on L. Y.’s behalf, asserting L. was no longer able to care for her because L. Y.’s stepfather, Jaime R., repeatedly hit her with a belt.4 In December 2000 the court made a true finding on the petition and ordered reunification services. At the July 2001 18-month review hearing, the court terminated reunification services and scheduled a section 366.26 hearing.

[947]*947At the January 2002 section 366.26 hearing, the court found by clear and convincing evidence that L. Y. was likely to be adopted and termination of parental rights would not be detrimental to L. Y. because none of the section 366.26, subdivision (c)(1) exceptions applied. The court terminated L.’s parental rights to L. Y.

Discussion

I

“Adoption, where possible, is the permanent plan preferred by the Legislature.” (In re Autumn H. (1994) 27 Cal.App.4th 567, 573 [32 Cal.Rptr.2d 535].) If the court finds a minor cannot be returned to his or her parent and is likely to be adopted if parental rights are terminated, it must select adoption as the permanent plan unless it finds termination of parental rights would be detrimental to the minor under one of five specified exceptions. (§ 366.26, subd. (c)(1); In re Jamie R. (2001) 90 Cal.App.4th 766, 773 [109 Cal.Rptr.2d 123].)

L. contends substantial evidence does not support the court’s finding that the section 366.26, subdivision (c)(1)(A) and (c)(1)(E) exceptions did not apply. Because the contention asserts inadequate evidentiary proof, we apply the substantial evidence standard of review. (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs (The Rutter Group 2001) | 8:88, p. 8-33; see also In re Autumn H., supra, 27 Cal.App.4th at p. 575.)

The issue of sufficiency of the evidence in dependency cases is governed by the same rules that apply to other appeals. If there is substantial evidence to support the findings of the juvenile court, we uphold those findings. (In re Brandon C. (1999) 71 Cal.App.4th 1530, 1534 [84 Cal.Rptr.2d 505].) We do not evaluate the credibility of witnesses, reweigh the evidence, or resolve evidentiary conflicts. Rather, we draw all reasonable inferences in support of the findings, consider the record most favorably to the juvenile court’s order, and affirm the order if supported by substantial evidence even if other evidence supports a contrary conclusion. (In re Autumn H., supra, 27 Cal.App.4th at p. 576.) The appellant has the burden of showing the finding or order is not supported by substantial evidence. (In re Geoffrey G. (1979) 98 Cal.App.3d 412, 420 [159 Cal.Rptr. 460].)

A

The section 366.26, subdivision (c)(1)(E) exception to termination of parental rights, effective in January 2002, provides: “There would be substantial interference with a child’s sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, [948]*948whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the child’s best interest, including the child’s long-term emotional interest, as compared to the benefit of legal permanence through adoption.” (§ 366.26, subd. (c)(1)(E).)

1.

The Agency contends a parent does not have standing to assert the section 366.26, subdivision (c)(1)(E) sibling relationship exception to the termination of parental rights because the exception does not address the parent-child relationship. Generally, a parent who is an aggrieved party may appeal a judgment in a juvenile dependency matter. (In re Frank L. (2000) 81 Cal.App.4th 700, 703 [97 Cal.Rptr.2d 88].) To be aggrieved, a party must have a legally cognizable interest that is injuriously affected by the court’s decision. (In re Carissa G. (1999) 76 Cal.App.4th 731, 734 [90 Cal.Rptr.2d 561].) The injury must be immediate and substantial, and not nominal or remote. (In re Joshua S. (1986) 186 Cal.App.3d 147, 150 [230 Cal.Rptr. 437].) We liberally construe the issue of standing and resolve doubts in favor of the right to appeal. (Ajida Technologies, Inc. v. Roos Instruments, Inc. (2001) 87 Cal.App.4th 534, 540 [104 Cal.Rptr.2d 686].)

If the court finds the section 366.26, subdivision (c)(1)(E) exception does not apply and parental rights are terminated, or if it finds the section 366.26, subdivision (c)(1)(E) exception does apply and parental rights are not terminated, an immediate and substantial consequence results to the parent’s legally cognizable interest in the relationship with his or her child. Although the factual evidence necessary to establish the exception does not directly relate to the child’s relationship with his or her parent, the parent’s right to the child is directly impacted by a determination of the applicability of the exception. It therefore appears the parent has standing to assert the subdivision (c)(1)(E) exception to termination of parental rights because the parent under general standing requirements is a party directly aggrieved by a decision on the issue.

The Agency argues the section 366.26, subdivision (c)(1)(E) exception relates to sibling, not parental, relationships and the parent has no standing to assert a sibling’s interest. However, the Agency admits in its appellate brief that one of the arguments in support of parental standing in this case is that “[n]o one seriously contends a parent cannot raise the exception to the termination of parental rights found in the other four exceptions ... in subdivisions (c)(1)(A)-(D) of section 366.26.” Three of the other four exceptions do not relate to the parent’s relationship with his or her child. Those [949]*949exceptions address an older child’s objection to being adopted (§ 366.26, subd. (c)(1)(B)), a child’s placement in residential treatment (§ 366.26, subd. (c)(1)(C)), and a child’s placement with a relative or foster parent who cannot adopt the child (§ 366.26, subd. (c)(1)(D)).

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101 Cal. App. 4th 942, 2002 Cal. Daily Op. Serv. 8087, 2002 Daily Journal DAR 10113, 124 Cal. Rptr. 2d 688, 2002 Cal. App. LEXIS 4593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-county-health-human-services-agency-v-l-l-calctapp-2002.